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United
States
Attorney, Nelson
Perez-Sosa, Assista
United States Attorney, and
Warren
_________________________
*Of the Eighth Circuit, sitting by designation.
**Of the Eastern District of Pennsylvania, sitting by designation.
Per
Curiam. The defendant-appellant, Awilda Garcia-
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sentence was itself below the statutory minimum because GarciaVelilla satisfied the requirements of 18 U.S.C. S 3553(f); but
a downward departure for substantial assistance would have
permitted a sentence below the guideline range as well.
U.S.S.G. S 5K1.1. Garcia Velilla now appeals claiming that the
government breached its plea agreement by failing to move for
the latter departure. We affirm.
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government's refusal.
896 F.2d 710 (2d Cir.), cert. denied, 498 U.S. 969 (1990).
We need not definitively resolve these questions, because
Garcia-Velilla admits that she refused to provide the names of
those who supplied her with cocaine while she was on bail.
This is a self-evident violation of an explicit requirement of
the plea agreement that she "provide all information known to
[her] regarding any criminal activity." The government in turn
was released from its obligations under the plea agreement,
including any obligation to consider a downward departure
motion.
the first point the answer is that Garcia-Velilla knew from the
agreement that she had to provide
criminal activity in order to receive
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for the limited reason that the defendant had, while on release
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